2011-��AT-119

��AT Held or ��DT Pronouncements

��AT held that, except for the Appellant��s own assertion, it found no evidence to show that he was a genuine whistle-blower. ��AT held that it was not a case of retaliation following a report of possible misconduct, but instead a disagreement between the Appellant and management regarding work matters which was properly addressed in the context of the performance assessment process. ��AT held that the non-renewal of the Appellant��s contract was not retaliatory but based on his performance rating which had been reviewed and confirmed after a rebuttal opportunity was given to the Appellant. ��AT dismissed the appeal and affirmed the ��DT judgment.

Decision Contested or Judgment/Order Appealed

The Applicant contested the decision to separate him based on performance. ��DT found that the non-renewal of the Applicant��s appointment was a legitimate and proper exercise of discretion; the performance appraisal procedures had been correctly followed, and the Applicant��s rights to whistle-blower protection had not been violated. ��DT dismissed the application.

Legal Principle(s)

Left deliberately blank.

Outcome

Appeal dismissed on merits

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The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Applicants/Appellants

Koumoin

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement